Florida Senate - 2014                                     SB 656
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00327A-14                                            2014656__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 1008.24, F.S., which
    4         provides an exemption from public records requirements
    5         for certain information held by the Department of
    6         Education during active investigations of allegations
    7         of testing impropriety; saving the exemption from
    8         repeal under the Open Government Sunset Review Act;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (4) of section 1008.24, Florida
   14  Statutes, is amended to read:
   15         1008.24 Test administration and security.—
   16         (4)(a) A district school superintendent, a president of a
   17  public postsecondary educational institution, or a president of
   18  a nonpublic postsecondary educational institution shall
   19  cooperate with the Commissioner of Education in any
   20  investigation concerning the administration of a test
   21  administered pursuant to state statute or rule.
   22         (b) The identity of a school or postsecondary educational
   23  institution, the personally identifiable information of any
   24  personnel of any school district or postsecondary educational
   25  institution, or any specific allegations of misconduct obtained
   26  or reported pursuant to an investigation conducted by the
   27  Department of Education of a testing impropriety are
   28  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   29  of the State Constitution until the conclusion of the
   30  investigation or until such time as the investigation ceases to
   31  be active. For the purpose of this paragraph, an investigation
   32  shall be deemed concluded upon a finding that no impropriety has
   33  occurred, upon the conclusion of any resulting preliminary
   34  investigation pursuant to s. 1012.796, upon the completion of
   35  any resulting investigation by a law enforcement agency, or upon
   36  the referral of the matter to an employer who has the authority
   37  to take disciplinary action against an individual who is
   38  suspected of a testing impropriety. For the purpose of this
   39  paragraph, an investigation shall be considered active so long
   40  as it is ongoing and there is a reasonable, good faith
   41  anticipation that an administrative finding will be made in the
   42  foreseeable future. This paragraph is subject to the Open
   43  Government Sunset Review Act in accordance with s. 119.15 and
   44  shall stand repealed on October 2, 2014, unless reviewed and
   45  saved from repeal through reenactment by the Legislature.
   46         Section 2. This act shall take effect October 1, 2014.